81 FR 31257 - Certain Wireless Headsets; Commission Determination To Affirm With Modification an Initial Determination, Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to Indefiniteness; Termination of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 96 (May 18, 2016)
Federal Register Volume 81, Issue 96 (May 18, 2016)
| Page Range | 31257-31257 | |
| FR Document | 2016-11670 |
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)] [Notices] [Page 31257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11670] [[Page 31257]] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-943] Certain Wireless Headsets; Commission Determination To Affirm With Modification an Initial Determination, Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to Indefiniteness; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm with certain modifications an initial determination (``ID'') (Order No. 17), granting respondents' motion for summary determination of patent invalidity due to indefiniteness. The Commission finds no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2301. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205- 1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 13, 2015, based on a complaint filed by One-E-Way, Inc. of Pasadena, California (``One-E-Way''). 80 FR 1663 (Jan. 13, 2015). The complaint alleges violations of section 337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless headsets by reason of infringement of certain claims of U.S. Patent Nos. 7,865,258 (``the '258 patent'') and 8,131,391 (``the '391 patent''). Id. The notice of investigation named several respondents, including Sony Corporation of Tokyo, Japan; Sony Corporation of America of New York, New York; and Sony Electronics, Inc. of San Diego, California (collectively, ``Sony''); Beats Electronics, LLC of Culver City, California and Beats Electronics International Ltd. of Dublin, Ireland (collectively, ``Beats''); Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany and Sennheiser Electronic Corporation of Old Lyme, Connecticut (collectively, ``Sennheiser''); BlueAnt Wireless Pty, Ltd. of Richmond, Australia and BlueAnt Wireless, Inc. of Chicago, Illinois (collectively, ``BlueAnt''); Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California (collectively, ``Creative Labs''); GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN Netcom''); and Jawbone, Inc. of San Francisco, California. Id. The Office of Unfair Import Investigations was also named as a party to the investigation. Id. The Commission previously terminated the investigation with respect to Beats and Sennheiser. See Notice (Apr. 29, 2015); Notice (June 11, 2015). The Commission also previously terminated the investigation with respect to certain claims of the '258 and '391 patents. See Notice (May 26, 2015); Notice (Aug. 26, 2015). On February 16, 2016, the Commission amended the Notice of investigation to correct the name of respondent Jawbone, Inc. to AliphCom d/b/a Jawbone, and also terminated the investigation as to AliphCom. Notice (Feb. 16, 2016). On August 10, 2015, respondents Sony, BlueAnt, Creative Labs, and GN Netcom (collectively, ``Respondents'') filed a motion for summary determination that asserted claim 8 of the '258 patent and asserted claims 1, 3-6, and 10 of the'391 patent are invalid as indefinite under 35 U.S.C. 112, ] 2. On August 20, 2015, the Commission investigative attorney (``IA'') filed a response in support of the motion. Also on August 20, 2015, One-E-Way filed an opposition to the motion. On August 27, 2015, Respondents moved for leave to file a reply to One-E-Way's opposition, which the presiding administrative law judge (``ALJ'') granted that same day. See Order No. 16 (Aug. 27, 2015). On September 21, 2015, the ALJ issued the subject ID (Order No. 17), granting Respondents' motion for summary determination that all of the asserted claims of the '258 and '391 patents are invalid as indefinite under 35 U.S.C. 112, ] 2 and finding no violation of section 337. On October 2, 2015, One-E-Way filed a petition for review of the subject ID. On October 9, 2015, Respondents and the IA each filed responses to the petition. On December 1, 2015, the Commission determined to review Order No. 17 and posed several questions to the parties. 80 FR 76038-40 (Dec. 7, 2015). The parties filed initial submissions on December 11, 2015, and filed response submissions on December 18, 2015. Having examined the record of this investigation, including the subject ID, the petitions for review, and the responses thereto, and the parties' submissions in response to the Commission's request for additional briefing, the Commission has determined to affirm Order No. 17 with modification. In particular, the Commission corrects the statement on pages 7, 61, and 65-66 of the subject ID that the limitations ``free from interference'' and ``virtually free from interference'' coexist in the asserted claims. The asserted claims recite the limitation ``virtually free from interference'' only. The Commission also clarifies that the ALJ's statement on page 85 of subject ID that the intrinsic evidence fails to explain how the invention both ``transmits'' and ``reproduces'' audio ``virtually free from interference'' should be made with reference to claims 1 and 5 of the '391 patent, not to claims 1 and 3 of the '391 patent. The Commission finds no violation of section 337. The investigation is terminated. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: May 12, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-11670 Filed 5-17-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices 31257
INTERNATIONAL TRADE named several respondents, including 2015, Respondents and the IA each filed
COMMISSION Sony Corporation of Tokyo, Japan; Sony responses to the petition.
Corporation of America of New York, On December 1, 2015, the
[Investigation No. 337–TA–943]
New York; and Sony Electronics, Inc. of Commission determined to review
Certain Wireless Headsets; San Diego, California (collectively,
Order No. 17 and posed several
Commission Determination To Affirm ‘‘Sony’’); Beats Electronics, LLC of
questions to the parties. 80 FR 76038–
With Modification an Initial Culver City, California and Beats
Electronics International Ltd. of Dublin, 40 (Dec. 7, 2015). The parties filed
Determination, Granting Respondents’ initial submissions on December 11,
Motion for Summary Determination of Ireland (collectively, ‘‘Beats’’);
Sennheiser Electronic GmbH & Co. KG 2015, and filed response submissions on
Patent Invalidity Due to Indefiniteness; December 18, 2015.
Termination of Investigation of Wedemark, Germany and Sennheiser
Electronic Corporation of Old Lyme, Having examined the record of this
AGENCY: U.S. International Trade Connecticut (collectively, investigation, including the subject ID,
Commission. ‘‘Sennheiser’’); BlueAnt Wireless Pty, the petitions for review, and the
ACTION: Notice. Ltd. of Richmond, Australia and responses thereto, and the parties’
BlueAnt Wireless, Inc. of Chicago, submissions in response to the
SUMMARY: Notice is hereby given that Illinois (collectively, ‘‘BlueAnt’’); Commission’s request for additional
the U.S. International Trade Creative Technology Ltd. of Singapore briefing, the Commission has
Commission has determined to affirm and Creative Labs, Inc. of Milpitas, determined to affirm Order No. 17 with
with certain modifications an initial California (collectively, ‘‘Creative
modification. In particular, the
determination (‘‘ID’’) (Order No. 17), Labs’’); GN Netcom A/S d/b/a Jabra of
Commission corrects the statement on
granting respondents’ motion for Ballerup, Denmark (‘‘GN Netcom’’); and
Jawbone, Inc. of San Francisco, pages 7, 61, and 65–66 of the subject ID
summary determination of patent
invalidity due to indefiniteness. The California. Id. The Office of Unfair that the limitations ‘‘free from
Commission finds no violation of Import Investigations was also named as interference’’ and ‘‘virtually free from
section 337 of the Tariff Act of 1930, as a party to the investigation. Id. The interference’’ coexist in the asserted
amended, 19 U.S.C. 1337 (‘‘section Commission previously terminated the claims. The asserted claims recite the
337’’). The investigation is terminated. investigation with respect to Beats and limitation ‘‘virtually free from
FOR FURTHER INFORMATION CONTACT: Sennheiser. See Notice (Apr. 29, 2015); interference’’ only. The Commission
Megan M. Valentine, Office of the Notice (June 11, 2015). The Commission also clarifies that the ALJ’s statement on
General Counsel, U.S. International also previously terminated the page 85 of subject ID that the intrinsic
Trade Commission, 500 E Street SW., investigation with respect to certain evidence fails to explain how the
Washington, DC 20436, telephone 202– claims of the ’258 and ’391 patents. See invention both ‘‘transmits’’ and
708–2301. Copies of non-confidential Notice (May 26, 2015); Notice (Aug. 26, ‘‘reproduces’’ audio ‘‘virtually free from
documents filed in connection with this 2015). On February 16, 2016, the interference’’ should be made with
investigation are or will be available for Commission amended the Notice of reference to claims 1 and 5 of the ’391
inspection during official business investigation to correct the name of patent, not to claims 1 and 3 of the ’391
hours (8:45 a.m. to 5:15 p.m.) in the respondent Jawbone, Inc. to AliphCom patent.
Office of the Secretary, U.S. d/b/a Jawbone, and also terminated the
investigation as to AliphCom. Notice The Commission finds no violation of
International Trade Commission, 500 E section 337. The investigation is
Street SW., Washington, DC 20436, (Feb. 16, 2016).
On August 10, 2015, respondents terminated.
telephone 202–205–2000. General
Sony, BlueAnt, Creative Labs, and GN The authority for the Commission’s
information concerning the Commission
Netcom (collectively, ‘‘Respondents’’) determination is contained in section
may also be obtained by accessing its
filed a motion for summary 337 of the Tariff Act of 1930, as
Internet server (http://www.usitc.gov).
determination that asserted claim 8 of amended (19 U.S.C. 1337), and in Part
The public record for this investigation
the ’258 patent and asserted claims 1, 3– 210 of the Commission’s Rules of
may be viewed on the Commission’s 6, and 10 of the’391 patent are invalid
electronic docket (EDIS) at http:// Practice and Procedure (19 CFR part
as indefinite under 35 U.S.C. 112, ¶ 2.
edis.usitc.gov. Hearing-impaired 210).
On August 20, 2015, the Commission
persons are advised that information on investigative attorney (‘‘IA’’) filed a By order of the Commission.
this matter can be obtained by response in support of the motion. Also Issued: May 12, 2016.
contacting the Commission’s TDD on August 20, 2015, One-E-Way filed an
terminal on 202–205–1810. Lisa R. Barton,
opposition to the motion. On August 27, Secretary to the Commission.
SUPPLEMENTARY INFORMATION: The 2015, Respondents moved for leave to
Commission instituted this investigation [FR Doc. 2016–11670 Filed 5–17–16; 8:45 am]
file a reply to One-E-Way’s opposition,
on January 13, 2015, based on a which the presiding administrative law BILLING CODE 7020–02–P
complaint filed by One-E-Way, Inc. of judge (‘‘ALJ’’) granted that same day.
Pasadena, California (‘‘One-E-Way’’). 80 See Order No. 16 (Aug. 27, 2015).
FR 1663 (Jan. 13, 2015). The complaint On September 21, 2015, the ALJ
alleges violations of section 337, in the issued the subject ID (Order No. 17),
importation into the United States, the granting Respondents’ motion for
sradovich on DSK3TPTVN1PROD with NOTICES
sale for importation, and the sale within summary determination that all of the
the United States after importation of asserted claims of the ’258 and ’391
certain wireless headsets by reason of patents are invalid as indefinite under
infringement of certain claims of U.S. 35 U.S.C. 112, ¶ 2 and finding no
Patent Nos. 7,865,258 (‘‘the ’258 violation of section 337. On October 2,
patent’’) and 8,131,391 (‘‘the ’391 2015, One-E-Way filed a petition for
patent’’). Id. The notice of investigation review of the subject ID. On October 9,
VerDate Sep<11>2014 17:10 May 17, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1](https://thefederalregister.org/doc/81_FR_31353/page/1.svg)
Document Created: 2016-05-18 00:05:49
Document Modified: 2016-05-18 00:05:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2301. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205- 1810. | |
| FR Citation | 81 FR 31257 |
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